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State Police Accidental Disability (Section 363-bb)

Eligibility

You may be entitled to this benefit if, at the time of filing, you are:

Physically or mentally unable to perform your duties as the natural and proximate result of an accident not caused by your own willful negligence sustained in service; and

In the service upon which your membership is based. If you are discontinued from this service, voluntarily or involuntarily, subsequent to the accident, your application must be filed within two years after your discontinuance from service.

“Accident” has a special meaning when used in connection with Retirement System disability benefits. Whether an incident is an “accident” is determined on a case-by-case basis, using court decisions for guidance.

After filing an application for this benefit, you will have to undergo one or more medical examinations.

Notice of Accident

To be eligible for this benefit, you must file an application for an accidental disability retirement benefit within one year following the alleged accident. Otherwise, you must have filed a written notice of the accident with:

The Retirement System within 90 days of the accident; or

Your employer within 30 days of the date of the accident.

The written notice must detail the time and place of the accident, the particulars thereof, the nature and extent of your injuries, and the alleged incapacity.

The Benefit

If approved, this benefit would be a lifetime pension equal to three-quarters (75 percent) of your FAS, plus an annuity provided by any annuity savings contributions you might have made while in service. The mandatory contributions made by Tier 5 and 6 members are not annuity savings contributions and Tier 5 and 6 members would not receive an annuity based on those contributions.

You must apply for Workers’ Compensation benefits if you are eligible. Regardless of your tier, the accidental disability benefit would be reduced by the total amount of Workers’ Compensation benefits that you would be eligible to receive.

Filing

You, the Superintendent of State Police (or the Superintendent’s designee), or someone authorized by you with your power of attorney may file your application for the State Police accidental disability retirement benefit. If you are eligible, applications for the State Police disability retirement benefit, the State Police accidental disability retirement benefit and the service retirement benefit may be submitted simultaneously.